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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47388
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Question: What is my legal position if my cleaning company

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Question: What is my legal position if my cleaning company continued to take money out of my debit card after I notified them their service was no longer required a 4 week before the date of my end of service requirement.
I e -mailed the cleaning company 4 weeks before advised them I will be no longer require their cleaning lady provided to me and service will be stop at 2 September 2015. However the debit card continued to be deducted for the following weeks, even I called and texted the same number which I contacted this woman called Mrs Mop's cleaning service.
My e-mail did not have any rebound advised undelivered
I contacted the same mobile number which I initially used to organise for the cleaning service, I texted and called again afterwards, the mob voice answering service still the same, but she kept text me back advised me to call their office; I then went on line found their web site called the number which was still the same mobile number.
I texted and e-mailed again, 6 weeks after they then came back to me advised they will stop the charge from next week! I challenged them, she simply advised me that she did not received my e-mail and they only counted when they respond date, which was ridiculous.
What can I do to recover the cost they continued charged my debit card which I has no power to stop, (I even went to my bank they advised me they cannot stop them).
Please help
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much did they take in total?
Customer: replied 1 year ago.

What do you mean?

Cost of material on the u/f heating system £2,767.76 and all other fire and restoration cost, material and reinstatement works totalling to around £14,000.00 in total

Expert:  Ben Jones replied 1 year ago.
Your question was in relation to a cleaning company continuing to take money out of your debit card?
Customer: replied 1 year ago.

correct

Expert:  Ben Jones replied 1 year ago.
ok so my initial query was "How much did they take in total?" You replied: "What do you mean? Cost of material on the u/f heating system £2,767.76 and all other fire and restoration cost, material and reinstatement works totalling to around £14,000.00 in total" As you can see there is a difference in the subject matter of the query which has confused me slightly
Customer: replied 1 year ago.

I have asked 2 questions today.

1. Underfloor heating fire cost of reinstatement £14,000.00-£15,000.00

2. My cleaning company continued to charge my debit card

Expert:  Ben Jones replied 1 year ago.
ok you appear to have crossed the replies between the two, replying about the heating question to the cleaning one. So what I need to know is how much has the cleaning company charged you for once you terminated their services?
Customer: replied 1 year ago.

£965.00 plus VAT x 2 days

£295.00 plus VAT for my neighbours property air clean

£120.00 for my builder first day clean

£33.38 for cleaning product

£400.00 for the hire of dehumidifiers for the water damage from FireBrgd

£2,767.76 for the underfloor heating system (insualtionboard/heatmatts)

£5000.00 to £6000.00 for the redecoration of the whole house due to server smoke damage and

£3500.00 some replacement of double glazing units of my brand rear bi fold doors (3 x 3.2m width sets) and double glazing units on first floor bedrooms

Thanks Ben

Expert:  Ben Jones replied 1 year ago.
You still appear to be replying to me in relation to the underfloor heating - please note that I am not dealing with that question, I am only dealing with the one where your cleaning company continues to charge your card, so can you please reply to my query relating to the cleaning issue only please. Thanks
Customer: replied 1 year ago.

Oh, OK sorry Ben got a bit confused.

Yes what would you like to know the cleaning company ones? As my brief above, they continued to charged me 10 weeks after my initial e-mail notifications, then they told me they will only to stop charging me from the day they spoken with me, but no refund for the amount they continued charged me after the date of my initial e-mail

E-mailed notice on 13/08/2015 advised them no longer required their cleaners ceased my contractor from 02/09/2015

continued been charged from my debit card until October 2015, all they did was stopped from November 2015 but refused to refund the charges incurred in between Sept to November. I advised them if they did not receive my notification its not my problem as I dolly issued them in writing, they just hang up on me.

Thanks for your help.

Regards

Hong

Expert:  Ben Jones replied 1 year ago.
Was there a specified method of terminating their services? Did they acknowledge the initial cancellation?
Customer: replied 1 year ago.

No there wasn't any specified method of termination their services, one of their cleaning lady used to work for me she gave me 4 weeks notice verbally, however as soon as she advised her boss Mrs Mop she was immediately been removed from their list. That one I was only spoken with her on the phone and text.

Where as the 2nd one I actually did the proper thing sent over an e-mail to advised her and text her, none of the method came back advised was undelivered.

The thing was every phone number and the e-mail address was still hers. Can I claim back the refund they over charged me? I served the notice both in writing and followed by phone calls, but the number was just gone into answering machine mode.

Expert:  Ben Jones replied 1 year ago.
Yes you can and should be able to recover the money they had deducted from you once you had cancelled the contract with them. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Yes you can and should be able to recover the money they had deducted from you once you had cancelled the contract with them. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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